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Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

In 1995 the defendant was sentenced to twelve years for rapes committed in 1983. He complained that the consequences of the later sentence were adverse because of the 1991 Act. He would now serve three quarters of the sentence rather than two thirds. Held: Article 7.1 prohibits the imposition of a penalty which is heavier … Continue reading Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

Regina v Hobbs, Hobbs, Hobbs, Charge: CACD 14 Feb 2002

The defendants appealed sentences of 7.5 and 3 years for conspiracy to facilitate illegal immigration. They had hired lorries with a view to bringing people in It was submitted that the sentences were outside the powers under the Act. The sentence had been increased to ten years. The conspiracy extended over the point where the … Continue reading Regina v Hobbs, Hobbs, Hobbs, Charge: CACD 14 Feb 2002

Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

Fletcher and Another v Director of Public Porsecutions and Another: CA 3 Dec 2001

‘Whether a banning order made pursuant to section 14A Football Spectators Act 1989, as amended by the Football (Disorder) Act 2000, amounts to a penalty within the meaning of the second sentence of Article 7(1) European Convention on Human Rights.’ Citations: [2001] EWCA Civ 1874 Links: Bailii Jurisdiction: England and Wales Crime, Human Rights Updated: … Continue reading Fletcher and Another v Director of Public Porsecutions and Another: CA 3 Dec 2001

Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Cowl and others v Plymouth City Council: Admn 14 Sep 2001

The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for life’. Though some understood this, the council argued that no promise had been given, … Continue reading Cowl and others v Plymouth City Council: Admn 14 Sep 2001

Van Colle v Hertfordshire Police: QBD 10 Mar 2006

The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Lord Woolf MR said that where the original proceedings are brought by a public authority, an appeal is part of those proceedings to which section 22(4) applies: ‘In our judgment, where the original proceedings are brought by, or at the instigation of, a public authority, as is the case with a prosecution, an appeal by … Continue reading Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. Citations: [2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1), National Health … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression. Held: Such an action by the prison authorities was not incompatible with the prisoner’s rights. The materials were not privileged, but were intended for publication contrary to the standing orders. … Continue reading Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

Regina (A) v Director of Establishments of the Security Service: CA 18 Feb 2009

The director appealed against a finding that the court did have jurisdiction to determine whether its order preventing a restriction on publication of a book by a former member of the security services had infringed his right of free speech. The director contended that exclusive jurisdiction over such matters had been given to the Security … Continue reading Regina (A) v Director of Establishments of the Security Service: CA 18 Feb 2009

Jet2Com Ltd v Denby: EAT 25 Oct 2017

EAT TRADE UNION RIGHTS PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke Trade Union Rights – refusal of employment because of trade union membership – section 137(1)(a) Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) Approach to determining the reason for refusal and adequacy of the Employment Tribunal’s reasons The Claimant was a pilot who had … Continue reading Jet2Com Ltd v Denby: EAT 25 Oct 2017

Scoppola v Italy (No 2): ECHR 17 Sep 2009

(Grand Chamber) The applicant murdered his wife on 2 September 1999; the offence was punishable by life imprisonment. On 18 February 2000, he agreed to be tried under a summary procedure. It lacked some of the safeguards of a full trial but carried the advantage of reducing the available sentence to 30 years. That provision … Continue reading Scoppola v Italy (No 2): ECHR 17 Sep 2009

Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003

The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of receiving advice and assistance in connection with a possible institution of proceedings in … Continue reading Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Wright v Lord Chancellor: QBD 21 May 2015

The claimant had been sentenced to a term greater than allowed by law, and served more time than the maximum allowed. He now sought damages. McGowan J [2015] EWHC 1477 (QB) Bailii Human Rights Act 1998 6(1) 7(1)(a), European Convention on Human Rights 5(1)(a) England and Wales Prisons, Human Rights Updated: 30 December 2021; Ref: … Continue reading Wright v Lord Chancellor: QBD 21 May 2015

AJA and Others v Commissioner of Police for The Metropolis and Others: CA 5 Nov 2013

The Court was asked whether the Investigatory Powers Tribunal had the power to investigate whether police officers acrting as undercover agents, and having sexual relations with those they were themselves investigating had infringed the human rights of those individuals. In each case the officer had deceived the people involved. Held: ‘ The phrase ‘personal or … Continue reading AJA and Others v Commissioner of Police for The Metropolis and Others: CA 5 Nov 2013

Crompton T/A David Crompton Haulage v Department of Transport North Western Area: CA 31 Jan 2003

The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour. Held: The operator’s licence is a possession within art 1 of the Convention. The Act did not define what was considered to be … Continue reading Crompton T/A David Crompton Haulage v Department of Transport North Western Area: CA 31 Jan 2003

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to provide the assistance neceesary to access the commode. The claimant now appealed … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

Regina v E: CACD 26 Apr 2004

The court was asked as to the permissibility of admitting covert recordings of the accused’s car by investigating officers, which recorded the accused’s words as they spoke into their telephones. The defendants said that this amount to interception of the calls. Held: If what happened was interception, evidence of the content of any telephone calls … Continue reading Regina v E: CACD 26 Apr 2004

C (acting by her litigation friend JF) v W: CA 19 Dec 2008

The court considered the proper basis for a success fee payable on a conditional fee agreement where, when signed, the defendant had already admitted liability. The claim was by a woman after being injured in a car driven by her brother. By the time her second form of solicitors took over the case the defendant … Continue reading C (acting by her litigation friend JF) v W: CA 19 Dec 2008

A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

Goodwin v The United Kingdom: ECHR 11 Jul 2002

The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002

SW v The United Kingdom; CR v United Kingdom: ECHR 22 Nov 1995

Criminal Law Change not retrospective The law that marital rape was an offence, was not to be treated as retrospective despite being a common law change. The Court rejected complaints by two applicants who had been found guilty of raping their wives which was an undoubted extension of the concept of rape as had been … Continue reading SW v The United Kingdom; CR v United Kingdom: ECHR 22 Nov 1995

Webster (the Parents) v Norfolk County Council and others: CA 11 Feb 2009

Four brothers and sisters had been adopted after the parents had been found to have abused them. The parents now had expert evidence that the injuries may have been the result of scurvy, and sought leave to appeal. Held: Leave was refused. Cases involving the reversal of adoptions in the past had been brought far … Continue reading Webster (the Parents) v Norfolk County Council and others: CA 11 Feb 2009

Metrobus Ltd v Unite the Union: CA 31 Jul 2009

The union sought leave to appeal against an interim injunction restraining it from calling a strike. It now called in aid also its members’ Article 11 Human Rights. The company had questioned whether the ballot met the requirements of the 1992 Act. Held: The Union had not supplied to the employer the figures required by … Continue reading Metrobus Ltd v Unite the Union: CA 31 Jul 2009

Smith and Others v The Ministry of Defence: SC 19 Jun 2013

The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 11 Feb 1999

The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .